Manchester slip and fall cases often depend on the complainant’s ability to show that the property owner acted negligently. For a case to be successful, the injured party and their seasoned personal injury attorney must demonstrate that the owner failed to take the necessary steps to make their property safe for visitors. Proving slip and fall cases can be difficult, as property owners often argue that accident victims caused or contributed to their falls.
If you have suffered injuries in a fall on someone else’s property, a Manchester slip and fall lawyer could help you prove your case and hold the negligent landowner accountable. En Español.
Time Limitations for Filing a Slip and Fall Claim
As with all other Manchester personal injury cases, time limits exist for filing slip and fall claims and lawsuits. Generally, a complainant must file a personal injury lawsuit within two years of the occurrence date. In some cases, however, the victim may be required to give notice to the defendant in as little as 90 days.
In some instances, this two-year time period may extend longer – such as when the potential plaintiff is a minor or possesses some other disability at the time of the occurrence. In most cases, however, the property owner will file a motion to dismiss the lawsuit if the complainant fails to file suit within two years.
Once the court grants a motion to dismiss, the case is over, and the plaintiff can no longer claim damages for their injuries. A slip and fall lawyer in Manchester could file a personal injury complaint within the proper period, preserving the plaintiff’s legal right to compensation.
Comparative Negligence in Trip and Fall Cases
When it comes to Manchester slip and fall cases, comparative negligence laws may apply. Under Connecticut General Statutes § 52-572h, if an injured plaintiff partially contributes to their slip and fall accident, they may still be able to recover monetary damages—assuming that their own negligence does not exceed the property owner’s negligence.
An accident victim could contribute to their slip and fall accident in any of the following ways:
- Wearing inappropriate footwear (e.g., high heels or shoes with no tread)
- Failing to pay attention to their surroundings or watch where they are walking
- Walking too fast or running
- Failing to recognize something that is in plain view (e.g., obstacles in the area)
If the plaintiff does contribute to their slip and fall accident, their final damage award may decrease according to their proportion of fault. If a jury finds that the complainant is ten percent at fault, then the most that the accident victim may recover is 90 percent of their total damages. A Manchester slip and fall attorney could help accident victims determine the role of comparative negligence in their particular case.
Call a Manchester Slip and Fall Attorney Today
Slip and fall accidents may cause serious and debilitating injuries. When these accidents occur due to a property manager or owner’s negligence, the injured party could be eligible for monetary compensation.
Monetary damages may compensate for your medical costs, inconvenience, pain, mental anguish, and loss of enjoyment of life after an accident. Call today to learn how a Manchester slip and fall lawyer could help you pursue a personal injury case.